HomeMy WebLinkAbout2019-26 IGA with Town of Gypsum for Electrical Inspection Services RESOLUTION NO. 26
SERIES OF 2019
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE TOWN OF GYPSUM FOR
ELECTRICAL INSPECTION SERVICES
WHEREAS, the Town of Vail and the Town of Gypsum could enjoy operational and
financial efficiencies if Gypsum's building inspectors performed electrical inspections within
Vail when Vail's building inspectors are on vacation;
WHEREAS, the Town Councils of Gypsum and Vail have found and determined that
it is in the best interest of the public that each serves to enter into an Electrical Inspection
Services Agreement (the "IGA") to provide for the provision of electrical inspection
coverage within Vail.
WHEREAS, the Council's approval of this Resolution is required to enter into the
IGA.
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN
OF VAIL, STATE OF COLORADO:
Section 1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA in substantially the same form as attached hereto as
Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
ATTEST TOWN OF VAIL
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Resolution No. 8, Series of 2019
SERVICE AGREEMENT FOR
ELECTRICAL INSPECTIONS
THIS SERVICE AGREEMENT FOR ELECTRICAL INSPECTIONS (the
"Agreement") is made and entered into as of date written below, by and between the
TOWN OF GYPSUM (the "Gypsum") and the TOWN OF VAIL (the "Vail").
A. WHEREAS, Vail is a home-rule municipal corporation duly organized and
existing under Articles XX of the Colorado Constitution and Vail's Home Rule Charter;
and
B. WHEREAS, Gypsum is a home rule municipality duly organized and
existing under Articles XX of the Colorado Constitution and Gypsum's Home Rule
Charter effective October 21, 1982; and
C. WHEREAS, Vail has adopted the 2018 International Building Code (the
"Building Code") and the 2017 National Electric Code ("Electric Code"); and
D. WHEREAS, pursuant to Section 31-15-601, C.R.S., and their respective
municipal codes, Gypsum and Vail each have the power to issue and withhold building
permits, and provide plan review, inspections, and permitting for electrical systems
within their respective jurisdictions ("Electrical Review Services"); and
E. WHEREAS, pursuant to Section 29-1-203, C.R.S., the parties are
authorized to enter into intergovernmental agreements for the provision of services of
mutual benefit; and
F. WHEREAS, Vail and Gypsum could enjoy operational and financial
efficiencies if Gypsum's building inspectors performed electrical inspections within Vail
when Vail's building inspectors are on vacation (the "Electrical Inspection Vacation
Coverage"), as further provided herein; and
G. WHEREAS, the Town Councils of Gypsum and Vail have found and
determined that it is in the best interest of the public that each serves to enter into this
Agreement to provide for the provision of Electrical Inspection Vacation Coverage
within Vail.
NOW, THEREFORE, in consideration of the terms and conditions of this
Agreement, the receipt and sufficiency of which is mutually acknowledged, Gypsum and
Vail agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the responsibilities
of Gypsum and Vail as regards the provision of Electrical Inspection Vacation Coverage
within Vail.
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2. Term. The term of this Agreement shall begin immediately upon execution
and shall continue through December 31, 2019, and shall be automatically renewed for
up to five (5) additional one-year terms unless terminated by written notice, such notice
given not less than thirty(30) days prior to the end of the year, unless otherwise agreed to
by the parties. In addition, either party may terminate this Agreement with or without
cause at any time by giving the other party written notice of such termination not less
than thirty(30) days prior to such termination date.
3. Electrical Inspection Vacation Coverage. By written notice provided at
least 10 business days in advance, Vail may request that Gypsum's building inspectors
provide substitute coverage for Vail's electrical inspectors who are on vacation, and
Gypsum, at its sole option based on Gypsum's own workload, will make its building
inspectors available to Vail during this period. Electrical Inspection Vacation Coverage
will include electrical inspections only.
4. Building Inspectors Credentials. Gypsum's building inspectors who
provide the Electrical Inspection Vacation Coverage shall at all times have and maintain
all licenses, certificates, credentials and education as are required under the laws of the
State of Colorado and the Building Code to perform the Electrical Review Services.
5. Compensation and Reimbursement. Gypsum will be compensated for the
Electrical Inspection Vacation Coverage as follows:
(a) Vail will pay Gypsum $85 per hour for all inspections of electrical
systems, with a minimum of one-hour charge for each inspection, plus an $85 trip charge
for drive time to and from Vail for each inspection.
Gypsum will provide invoices to Vail monthly, by the first week of the following
month and Vail will pay the invoices within 30 days of receipt.
6. Independent Contractors. In performing any acts or duties contained in this
Agreement, the Gypsum building inspectors will remain employees of Gypsum for all
purposes, including but not limited to, all employment-related laws and regulations
including payment of Worker's Compensation and compliance with the Federal Fair
Labor Standards Act, and shall not be considered an employee of Vail. It is expressly
acknowledged and understood by the parties hereto that nothing contained in this
Agreement shall result in, or be construed as, establishing an employment relationship.
Gypsum's building inspectors shall perform as independent contractors. No agent,
subcontractor, employee, or Gypsum shall be, or deemed to be, the employee, agent or
servant of Vail. Gypsum's building inspectors shall not represent, act,purport to act or
be deemed the agent,representative, employee or servant of Vail.
7. Indemnification. To the maximum extent allowed by law and without either
party waiving the protections and limitations of the Colorado Governmental Immunity
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Act, the parties agree to indemnify, defend and hold harmless each other, their respective
agents, officers, servants, volunteers and employees of and from any and all losses, costs,
damages, injuries, liability, claims, liens, demands, actions and causes of action
whatsoever, arising out of or related to their own intentional or negligent acts, errors or
omissions, or those of their agents, officers, servants and employees, whether contractual
or otherwise, related to performance or lack of performance of this Agreement. This
indemnity provision specifically includes all general building inspection services
performed by, or on behalf of, either party.
8. Insurance. Each party shall provide its own public liability and property
damage insurance coverage as it may deem necessary for any potential liability arising
from this provision of this Agreement.
9. Assignment. This Agreement shall not be assigned or amended by either
party, unless in writing executed by both parties.
10. Entire Agreement. This Agreement represents the full understanding of
Gypsum and Vail and supersedes all prior understandings, agreements and discussion of
Gypsum and Vail regarding the subject matter.
11. Annual Appropriation. Any obligation of either party under this
Agreement that is dependent upon the expenditure of funds by such party shall be
conditioned upon the annual appropriation of funds by such party's governing body in its
sole discretion.
12. Miscellaneous.
(a) This Agreement shall be governed and construed in accordance with
the laws of the State of Colorado. Venue for any legal action shall be in Eagle County
District Court.
(b) All notices, requests, demands, consents and other communications
hereunder shall be transmitted in writing and shall be deemed to have been duly given
when hand-delivered or sent by certified, United States mail, postage prepaid, with return
receipt requested, addressed to the parties as follows:
Town of Gypsum
Attn: Building Inspector
50 Lundgren Boulevard
PO Box 130
Gypsum, CO 81637
Town of Vail
Attn: Building Official
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75 S Frontage Road W
Vail, CO 81657
(c) Nothing herein expressed or implied is intended or should be
construed to confer or give to any person or corporation or governmental entity other than
Vail and Gypsum, any right, remedy or claim under or by reason hereof or by reason of
any covenant or condition herein contained, nor limit in any way the powers and
responsibilities of Gypsum, Vail, or any other entity not a party hereto.
(d) If any portion of this Agreement is held invalid or unenforceable for
any reason by a court of competent jurisdiction as to either party or as to both parties,
such portion shall be deemed severable and its invalidity or its unenforceability shall not
affect the remaining provisions; such remaining provisions shall be fully severable and
this Agreement shall be construed and enforced as if such invalid provisions had never
been inserted into this Agreement.
(e) This Agreement may be amended from time to time by a written
agreement duly authorized and executed by all the parties to this Agreement.
(f) This Agreement represents the full and complete understanding of
the parties, and supersedes any prior agreements, discussions, negotiations,
representations or understandings of the parties with respect to the subject matter
contained herein.
[Signature page follows]
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EXECUTED as of the day of June, 2019.
GYPSUM OF GYPSUM
By:
Steve Carver, Mayor
Attest:
Danette Schlegel, Town Clerk
TOWN OF VAIL
By:
Patty McKenny, Town Manager
Attest:
Tammy Nagel, Town Clerk
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